An Auckland District Court judge has successfully sued Radio Pacific and one of its talkback hosts for comments made on air.
It is believed to be the first time a New Zealand judge has taken legal action against media criticism.
Judge Michael Lance, QC, took the action over a series of strongly
worded attacks on him last year.
The attacks were sparked by Judge Lance's decision to remand Mark Middleton in custody before his sentencing for threatening to kill Paul Dally, who murdered Middleton's step-daughter Karla Cardno.
Middleton was later given a suspended sentence by Judge Lance.
In a confidential out-of-court settlement, Radioworks, the owner of Radio Pacific, has paid Judge Lance damages said to be in the tens of thousands of dollars, plus full legal costs and agreed to make an on-air retraction and apology.
Peter Williams, QC, who represented the judge, said the justice system and the courts were open to criticism but there were limits and judges had the same remedies as any other member of the public.
"Whereas we all expect criticism from time to time in our lives there is a limit and if that criticism becomes personal, vindictive and vicious and malicious then it is appropriate to take the requisite action."
Radioworks general manager Edward Murray did not want to comment on the case and he instructed Mark Bennett not to comment.
Mr Murray did not know when Mark Bennett would make an on-air retraction and apology which would say he "launched into Judge Lance, QC, with extreme, unnecessarily personalised criticism and vitriol that was quite over the top.
"Judge Lance, QC, has served New Zealanders ably and well for many years and he did not deserve to be criticised by me in such a disrespectful way."
Asked if Mark Bennett had gone beyond fair criticism, Mr Murray said: " It's hard to argue with the court decision."
